Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 491-500 of 508

Insurer Must Defend G2 Licensed Drunk Driver

June 29, 2011

MT Insurance Law Blog

Today’s Ontario Reports contained an interesting duty to defend decision from February 2011. In Tut v. RBC Insurance, the applicant sought a declaration that the respondent RBC Insurance owed them a duty to defend the allegations of negligence made against...

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OCA Allows Appeal in Sutherland v. Singh

June 22, 2011

MT Insurance Law Blog

The Ontario Court of Appeal released its decision today in Sutherland v. Singh. In Sutherland, the claimant was eligible to receive income replacement benefits and caregiver benefits. His accident benefits insurer sent him an OCF-10 election form, requiring him to...

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Surveillance Must be Provided to Plaintiff Concurrently With Its Release to Any Defence Medical Examiner

June 16, 2011 | Anna-Marie Musson

MT Insurance Law Blog

In the Aherne v. Chang [2010] O.J. No. 1880 (S.C.J.) case, Master Short considered the following issue: If surveillance is provided to an independent medical assessor, does it have to be produced to the plaintiff, even if the assessor does...

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Ontario Regulation 194/11 – Dealing With Suspect Claims Under the SABS

June 13, 2011 | Anna-Marie Musson

MT Insurance Law Blog

Ontario Regulation 194/11 takes effect July 1, 2011.The Regulation will allow insurers to challenge claims suspected to be fraudulent. With respect to clinics, the treatment providers are obligated, upon request, to produce: Any information required to assist the insurer in...

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Bank loses unencrypted CDs containing customers’ data

June 7, 2011

MT Insurance Law Blog

Scotiabank confirmed on Monday that three CDs containing unencrypted information, such as customer social insurance and account numbers, were lost in its internal mail system. The data included names, mailing addresses, social insurance numbers, account types, and numbers for registered...

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ONCA Case Means Plaintiffs Must Prove Policy Breach

June 2, 2011

MT Insurance Law Blog

The Ontario Court of Appeal has allowed an appeal of an Order dismissing the plaintiffs’ action against their excess carrier, made under the Family Protection Endorsement (OPCF 44R) on their auto policy. The OPCF 44R endorsement is intended to protect...

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FSCO Arbitrator Calls Slip & Fall a Motor Vehicle Accident

June 1, 2011

MT Insurance Law Blog

FSCO Arbitrator Joyce Miller has ruled that a claimant who slipped on ice after exiting her car, and after walking around the front of the car toward the curb, was involved in a motor vehicle accident for the purpose of...

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SCC Deals with Falling Trees; Falling Leaves

May 19, 2011

MT Insurance Law Blog

The Supreme Court of Canada released two leave to appeal judgments today of interest. One application for leave was granted. The other was dismissed: In Allstate v. Primmum, a resident of Ontario was injured when he was struck by a...

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All Four Areas of Function Must Be Assessed Under Section 2(1.1)(g) – CAT Impairments

May 16, 2011 | Anna-Marie Musson

MT Insurance Law Blog

The Divisional Court has just released its decision in Pastore and Aviva Canada Inc. Anna Pastore was involved in a car accident on November 16, 2002.  She suffered a fractured left ankle.  She had numerous surgeries and ultimately applied for...

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Invasion of Privacy Tort could Cause Insurers New Headaches

May 11, 2011

MT Insurance Law Blog

Ontario’s Court of Appeal will rule on whether there is a common law tort for invasion of privacy in the province. The case under appeal is called Jones v. Tsige (March 23, 2011). Sandra Jones and the Winnie Tsige worked...

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Displaying 491-500 of 508

Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.